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NRI retiring soon - how to optimize tax benefits?

Mihir Tanna |1031 Answers |Ask -Follow

Tax Expert - Answered on Mar 06, 2025

Mihir Ashok Tanna, who works with a well-known chartered accountancy firm in Mumbai, has more than 15 years of experience in direct taxation.
He handles various kinds of matters related to direct tax such as PAN/ TAN application; compliance including ITR, TDS return filing; issuance/ filing of statutory forms like Form 15CB, Form 61A, etc; application u/s 10(46); application for condonation of delay; application for lower/ nil TDS certificate; transfer pricing and study report; advisory/ opinion on direct tax matters; handling various income-tax notices; compounding application on show cause for TDS default; verification of books for TDS/ TCS/ equalisation levy compliance; application for pending income-tax demand and refund; charitable trust taxation and compliance; income-tax scrutiny and CIT(A) for all types of taxpayers including individuals, firms, LLPs, corporates, trusts, non-resident individuals and companies.
He regularly represents clients before the income tax authorities including the commissioner of income tax (appeal).... more

Question by Narsingh on Feb 17, 2025Hindi

Dear sir, I have been NRI since 1996, every year saying outside India for averaging 190 to 250 days. Salaried employee working wirh resident visa in Qatar. Now I want to retire. This year my LTCG from sale of debt fund was 14,80,000. I nay have around 45,000 dividends in India from shares. So, will cross 15 lakh Indian income. I have two questions: first if I do more than 120 days in India then I will become RNOR this year and can use my exemption limit of 3 lakh to offset LTCG of 2 lakhs. Is it correct? Second Question is if I do less than 120 days in India, my status this year too will remain NRI. So, if I NRI for all 29 years, will it give me an extra year of RNOR status in India? How to determine whether I will be RNOR for 2 years or three. 3 years RNOR gives me advantage to keep my most of money in RFC accounts to get tax free interest. Most of my savings are in FCNR accounts only. Suggest will I get 3 years RNOR after retirement or not by keeping NRI status this year or make this year RNOR and no loss.

Ans: 1st Yes, minimum exemption limit available to RNOR also.

2nd an individual who is a citizen of India who is not liable to tax in any other country will be deemed to be a resident in India, only if the total income (other than foreign sources) exceeds Rs 15 lakh and nil tax liability in other countries. So in your case, even if you are in for less than 120 days, you will be RNOR

3rd for FCNR account, please confirm with Bank

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